Bill Text: NY A10033 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a hyperbaric oxygen therapy pilot program to treat veterans suffering from traumatic brain injuries and post-traumatic stress disorder.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-05-02 - referred to health [A10033 Detail]

Download: New_York-2023-A10033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10033

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced  by  M.  of  A. PAULIN, HEVESI, BUTTENSCHON, DAVILA, LUPARDO,
          SHIMSKY, SIMON, STIRPE, JENSEN, BENDETT, GANDOLFO, MIKULIN,  ANGELINO,
          DeSTEFANO,  LEMONDES, MANKTELOW, McDONOUGH, PALMESANO, SMULLEN -- read
          once and referred to the Committee on Health

        AN ACT to amend the public health law, in  relation  to  establishing  a
          hyperbaric oxygen therapy pilot program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  article
     2  27-CCCC to read as follows:
     3                               ARTICLE 27-CCCC
     4                   HYPERBARIC OXYGEN THERAPY PILOT PROGRAM
     5  Section 2748. Definitions.
     6          2748-a. Hyperbaric oxygen therapy pilot program.
     7          2748-b. Hyperbaric oxygen therapy authorized.
     8    §  2748.  Definitions.  As  used  in this article, the following terms
     9  shall have the following meanings:
    10    1. "Authorized medical professional" shall mean a licensed  physician,
    11  physician's  assistant, nurse practitioner or other licensed health care
    12  practitioner licensed to practice in this state and acting  within  such
    13  professional's scope of practice.
    14    2. "Hyperbaric oxygen therapy" shall mean treatment from an authorized
    15  medical  professional  in  either  a  hyperbaric chamber approved by the
    16  United States food and drug administration, or  similar  device  with  a
    17  United  States  food  and  drug  administration approved investigational
    18  device exemption.
    19    3. "Post-traumatic stress disorder"  shall  mean  a  mental  condition
    20  developed  after  having  experienced  or witnessed a traumatic or life-
    21  threatening event as such terms are defined by the most  recent  edition
    22  of  the diagnostic and statistical manual of mental disorders, published
    23  by the American Psychiatric Association.
    24    4. "Traumatic brain injury" shall have the same meaning as defined  in
    25  subdivision  one of section twenty-seven hundred forty-one of this chap-
    26  ter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15371-01-4
        A. 10033                            2

     1    5. "Veteran" shall have the same meaning  as  defined  in  subdivision
     2  three of section one of the veterans' services law.
     3    § 2748-a. Hyperbaric oxygen therapy pilot program. 1. The commissioner
     4  shall establish a five-year pilot program to provide treatment to veter-
     5  ans  suffering  from  traumatic  brain injuries or post-traumatic stress
     6  disorder by means of hyperbaric oxygen therapy.
     7    2. The commissioner shall require providers who  are  a  part  of  the
     8  hyperbaric  oxygen  therapy pilot program submit an annual report to the
     9  commissioner. Such report shall include  data  analyzing  the  cost  and
    10  efficiency  of the hyperbaric oxygen therapy program and any recommenda-
    11  tions by the provider to improve or expand such hyperbaric oxygen thera-
    12  py pilot program.
    13    3. On or  before  December  thirty-first,  two  thousand  thirty,  the
    14  commissioner shall submit a report to the governor, the temporary presi-
    15  dent of the senate, the speaker of the assembly, the chair of the senate
    16  committee  on  health, and the chair of the assembly health committee on
    17  data received pursuant to subdivision two of this section.  Such  report
    18  shall  include  an analysis of the cost and efficiency of the hyperbaric
    19  oxygen therapy pilot program and the number of veterans receiving treat-
    20  ment through such pilot program.
    21    § 2748-b. Hyperbaric oxygen  therapy  authorized.  1.  Any  authorized
    22  medical professional may prescribe hyperbaric oxygen therapy to a veter-
    23  an  diagnosed  with  a  traumatic  brain injury or post-traumatic stress
    24  disorder. An authorized medical professional who  prescribes  hyperbaric
    25  oxygen therapy shall do so in a manner that complies with accepted stan-
    26  dards of care for hyperbaric oxygen therapy.
    27    2. Any veteran who is a resident of the state of New York and has been
    28  diagnosed  with a traumatic brain injury or post-traumatic stress disor-
    29  der may receive hyperbaric oxygen therapy so long as  such  therapy  has
    30  been prescribed by an authorized medical professional.
    31    §  2.  The  commissioner of health shall promulgate any rules or regu-
    32  lations necessary for the implementation of this article.
    33    § 3. This act shall take effect immediately.